DECISION & ORDERI. INTRODUCTION Plaintiff, identified by the pseudonym John Doe, is a male and former student enrolled at Defendant Syracuse University (“Syracuse” or “the University”). He was expelled from the University after having been found to have engaged in nonconsensual sexual intercourse with his classmate, Jane Roe. Plaintiff brings suit against Syracuse alleging that the University’s disciplinary process and expulsion of him violated federal and state law. He asserts the following claims: (1) a violation of Title IX of the Education Amendments of 1972, 20 U.S.C. §§1681 et seq. (“Title IX”)(Count I); (2) breach of contract (Count II1); and (3) negligence (Count III). Presently before the Court is Syracuse’s motion pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the Complaint for failure to state claims upon which relief can be granted. Dkt. # 15. For the reasons set forth below, the motion is granted in part and denied in part. Specifically, Syracuse’s motion is denied with respect to Plaintiff’s Title IX claims (Count I) and granted with respect to Plaintiff’s state law claims (Counts II and III).II. STANDARD OF REVIEWOn a Fed. R. Civ. P. 12(b)(6) motion, the Court must accept “all factual allegations in the complaint as true, and draw[] all reasonable inferences in the plaintiff’s favor.” Holmes v. Grubman, 568 F.3d 329, 335 (2d Cir. 2009) (internal quotation marks omitted). This tenet does not apply to legal conclusions. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Similarly, “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements…are not entitled to the assumption of truth.” Id.; see also Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)(stating that a court is “not bound to accept as true a legal conclusion couched as a factual allegation”).In considering a Rule 12(b)(6) motion, the Court “may consider the facts alleged in the complaint, documents attached to the complaint as exhibits, and documents incorporated by reference in the complaint.” DiFolco v. MSNBC Cable L.L.C., 622 F.3d 104, 111 (2d Cir. 2010). “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 570). A claim will only have “facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. “Where a complaint pleads facts that are ‘merely consistent with’ a defendant’s liability, it ‘stops short of the line between possibility and plausibility of ‘entitlement to relief.’” Id. (quoting Twombly, 550 U.S. at 557). “Determining whether a complaint states a plausible claim for relief [is]…a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.” Id. at 679. Plausibility is “a standard lower than probability.” Anderson News, L.L.C. v. Am. Media, Inc., 680 F.3d 162, 184 (2d Cir. 2012). “[A] given set of actions may well be subject to diverging interpretations, each of which is plausible,” and “[t]he choice between or among plausible inferences or scenarios is one for the factfinder.” Id. A court “may not properly dismiss a complaint that states a plausible version of the events merely because the court finds that a different version is more plausible.” Id. at 185. “The role of the court at this stage of the proceedings is not in any way to evaluate the truth as to what really happened, but merely to determine whether the plaintiff’s factual allegations are sufficient to allow the case to proceed.” Doe v. Columbia Univ., 831 F.3d 46, 59 (2d Cir. 2016).III. BACKGROUNDThe following facts are taken from the Complaint and assumed to be true for purposes of this motion.A. National Controversy Concerning Sexual Assaults on College CampusesIn April 2011, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued a “Dear Colleague Letter” to colleges and universities in order to explain its interpretation of Title IX. Compl. Dkt. # 1 at
8-10. The Dear Colleague Letter instructed colleges and universities that compliance with Title IX requires transparent and prompt procedures to investigate and resolve complaints of sexual misconduct. Id. at 8(a). The Dear Colleague Letter required colleges and universities to employ a “more likely than not” standard of proof in sexual misconduct cases; this standard was less exacting than the “clear and convincing” or “beyond a reasonable doubt” standards utilized at some colleges. Id. at 8(b). It also instructed universities that they should “minimize the burden on the complainant,” “focus more on victim advocacy,” and allow both parties the right to appeal a decision, which, according to Plaintiff, “amounts to double jeopardy for an accused student.” Id. at 8(c)-(e). Many colleges changed their sexual misconduct policies and procedures after the Dear Colleague Letter was issued. Id. at 8(f)). In addition to the Dear Colleague Letter, the federal government pressured colleges to aggressively investigate sexual assaults through its own investigations of universities and potential lawsuits. Id. at 9. As of May 2014, the U.S. Department of Education was investigating at least 129 colleges for possible Title IX violations. Id. at 9(d). “Schools, including Syracuse, are scared of being investigated or sanctioned by the Department of Education.” Id. 10. In July 2016, then-Vice President Joseph Biden suggested that schools that do not comply with Title IX administration guidelines could be stripped of federal funding. Id. 10(e). According to Plaintiff, “[i]n response to pressure from OCR, [the Department of Justice ("DOJ")], and the White House, educational institutions like Syracuse are limiting procedural protections afforded to male students, like [Plaintiff], in sexual misconduct cases.” Id. at 12; see also id. at 10(a) (“The Federal government has created a significant amount of pressure on colleges and universities to treat all those accused of sexual misconduct with a presumption of guilt.”).B. Syracuse’s Crackdown Amid Public and OCR PressureIn recent years, and during the period preceding the disciplinary action against John Doe, there was substantial criticism of Syracuse, both in the student body and in the public media, accusing Syracuse of not taking seriously complaints by female students alleging sexual assault by male students. Id. at
